BILL ANALYSIS |
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C.S.H.B. 852 |
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By: Lucio III |
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Culture, Recreation & Tourism |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Shark fins are sold around the world, and observers note that this product can demand up to $700 per pound in some countries. Interested parties contend that the practice of acquiring the fins, known as shark finning, is inhumane and results in high numbers of dead sharks as a result of the preferred method of shark finning, which involves catching the sharks, removing their fins, and then throwing the sharks back into the ocean because far more fins can fit on a boat than full sharks. These parties have also expressed concern that overfishing is leading to the depletion of shark populations, which negatively affects the ocean's ecosystem. Although the practice of shark finning already is illegal under federal law, C.S.H.B. 852 seeks to complement existing federal and state law by establishing restrictions relating to the sale or purchase of shark fins and relating to the possession of sharks that have the tail removed.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 852 amends the Parks and Wildlife Code to remove shark from among the species of finfish that are excepted from the prohibition against possessing a finfish taken from coastal water that has the tail removed without the fish being finally processed and delivered to a final destination or to a certified dealer.
C.S.H.B. 852 prohibits a person from buying or offering to buy a shark fin, selling or offering to sell a shark fin, possessing a shark fin for the purpose of sale, transporting a shark fin, or shipping a shark fin for the purpose of sale, barter, or exchange. The bill applies that prohibition to the possession or transportation of any shark fin with the intent to sell the fin regardless of where the shark was taken or caught and to the sale or purchase of any shark fin regardless of where the shark was taken or caught. The bill makes an exception for the possession or transportation in Texas of a shark fin taken or caught outside Texas and transported from a point outside Texas by common carrier without being unloaded in Texas to a point of delivery outside Texas. The bill authorizes the Parks and Wildlife Department to issue a permit for the possession, transport, sale, or purchase of shark fins for a bona fide scientific research purpose. The bill requires a warden or other peace officer to seize and hold the shark fin as evidence when a person is charged with violating the bill's provisions relating to the sale or purchase of shark fins and requires the department to destroy the shark fin on a final court ruling.
C.S.H.B. 852 makes it a Class B Parks and Wildlife Code misdemeanor offense to violate the bill's provisions relating to the sale or purchase of shark fins or a proclamation adopted under those provisions and enhances the penalty to a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial for the violation that the defendant has been convicted within five years before the trial date of another violation of those bill provisions.
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EFFECTIVE DATE
July 1, 2014.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 852 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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